The Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) (“DCRVO”) is the legislative framework for the protection of victims of domestic violence.
Although there is no statutory definition of what constitute domestic violence in Hong Kong, domestic violence can be defined as a pattern of behaviour in any relationship that is used to gain or maintain power and control over another family member or an intimate partner.
The DCRVO is designed to protect a number of specific people:
- a spouse or former spouse,
- a minor child who lives with one of the parties or the person making the application
- cohabitant or former cohabitant, or
- a relative.
Persons in a same sex relationship can apply under the DCRVO, as long as they are in a cohabiting relationship.
An application under the DRCVO is usually made to the Family Court and the usual injunctive relief which are available are:
- Non-molestation order – the order prevents the use or threat of violence by the respondent / servants / agents. Hong Kong Courts have interpreted molestation to cover a very broad range of intimidating or intrusive conduct. One key element is that the molestation (especially in the absence of physical violence) is that the molestation must have the harassment or intimidation of the victim as its intended outcome.
There is no time limit as to how long a non-molestation order can remain in place.
- Ouster order – to urgently remove / prevent the return of the respondent to the matrimonial home.
- Re-entry order – to permit the applicant or specified minor to re-enter and remain at the matrimonial home or common residence. There is a cohabitation requirement to obtain a re-entry order.
Both ouster orders and re-entry orders are limited to 24 months in duration in total. When deciding whether to make an outster or re-entry order, the court will take into account (i) the conduct of the parties, (ii) their respective needs and financial resources, (iii) the needs of any specific minor, and (4) all the circumstances of the case.
Non-molestation orders and ouster orders can be accompanied by an authorisation for arrest if the Court is satisfied that the respondent has caused or will likely cause, actual bodily harm to the applicant or the specified child. This allows the police to arrest the respondent on suspicion of a breach of the injunction. This is designed to protect the applicant or specified minor against the risk of psychological or physical violence.